Wednesday, May 27, 2009

Prop 8

I'm sure you all have heard by now that the California Supreme Court decision on Proposition 8 is in: Prop 8 is upheld (which SUCKS)- there will be no new gay marriage in California. But the 18,000 couples in California who did get married last summer will stay married. At least they did the respectful thing and ensured that these couples’s vows are still valid. This decision did bring together a couple of strange bed fellows in support of overturning this ruling; a portion of the article is quoted below.

Bush vs. Gore rivals challenge Prop. 8 in federal court
LA Times - Carol J. Williams
Two prominent attorneys who argued on opposite sides of Bush vs. Gore, the legal battle over the 2000 presidential election, announced Tuesday that they will challenge Proposition 8 in federal court and seek to restore gay marriage until the case is decided.

Former U.S. Solicitor General Theodore B. Olson and David Boies, who represented then-Vice President Al Gore in the contested election, have joined forces to tackle the same-sex marriage issue, which has deeply divided Californians and left 18,000 gay couples married last year in legal isolation.

In a project of the American Foundation for Equal Rights, Olson and Boies have united to represent two same-sex couples filing suit after being denied marriage licenses because of Proposition 8.

Their suit, to be filed in U.S. District Court in California, calls for an injunction against the proposition, allowing immediate reinstatement of marriage rights for same-sex couples.

This is one of the reasons that the recent nomination of Judge Sonia Sotomayor to replace David Souter on the Supreme Court matters so much. How would she rule on a case such as this? If not this case how about a hypothetical case where a Gay or lesbian couple from Vermont moves to say Tennessee and sue to have the state recognize there union under Article IV of the US Constitution which reads;
Section 1. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.

Section 2. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.
Maybe I'm wrong here but I just see something like this happening and so do the right wing bible-thumpers. They are scared to death that love may spread and people will be happy. So where does the nominee stand on this issue? I'd like to know, but I also don't want to know, because if the right ever suspected that she would rule for gay marriage they would go ballistic.

Right now this all sucks for California, I only hope that New Hampshire and New York pass a law allowing it.

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